New Delhi: The Supreme Court on Monday stayed till further orders the premature release of Arun Gawli, gangster-turned-politician, who is serving life imprisonment in a murder case.
A bench comprising justices Aravind Kumar and Sandeep Mehta stayed the operation of the order passed by the Nagpur bench of the Bombay High Court on April 5. The High Court had directed the authorities concerned to consider Gawli's application for premature release under the 2006 remission policy.
The counsel, representing the Maharashtra government, argued for a stay on the High Court order before the top court. The counsel said that Gawli, who is serving life term in a murder case and is convicted under provisions of MCOCA, is seeking benefit of the 2006 remission policy of the state.
After hearing submissions, the bench issued notice to Gawli, who is undergoing life imprisonment for the 2007 murder case of Shiv Sena's Mumbai corporator Kamlakar Jamsandekar. Gawli, before the High Court, had claimed to have complied with all the conditions of the 2006 policy.
The state government moved the apex court assailing the High Court order, which allowed Gawli's plea seeking direction to the state government for his premature release on account of the remission policy dated January 10, 2006, which was prevailing on the date of his conviction on August 31, 2012.
In the High Court, Gawli said the rejection of his application for premature release by the state authorities is unjust, arbitrary and is liable to be set aside. He had cited his advanced age and pointed out that he has been certified as weak by the medical board, which enables him to avail the benefit of the policy.
The state government had opposed Gawli's plea before the High Court saying that the revised guidelines dated March 18, 2010, for premature release contemplates that there shall be no premature release of a convict of organised crime unless he undergoes 40 years of actual imprisonment.
